Professional Practice Updates - July 2015

Following representations by the Property Law Committee, the Keeper has amended her policy in respect of deeds submitted for registration but which do not bear the Title Number of the registered plot to which they relate.

The Keeper will accept a deed that does not narrate the Title Number provided: (i) the deed contains an otherwise sufficient description of the subjects or the security being discharged; and (ii) the deed is executed before the Title Number is known; or (iii) the deed is executed up to 28 days after the provisional Title Number is known.

This brings the Keeper’s policy in line with current conveyancing practices, both in terms of lenders retaining Discharges for execution until after the date of registration, and in terms of the standard practice of selling solicitors providing a letter of undertaking to the purchaser’s solicitor to provide a validly executed discharged within 28 days.

On 9 July 2015, the UK will be required to comply with a new EU directive on alternative dispute resolution (ADR). Regulation 19 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities & Information) Regulations 2015 will come into effect on 1 October 2015.

In situations where a firm’s internal complaints process has been exhausted, the regulations require solicitors (as service providers) to give consumer clients (individuals not trading as commercial entities) details of a certified ADR provider, and indicate whether or not they intend to use them to try and settle the dispute.

From 30 June 2015, Registers of Scotland will be introducing a 25% discount in voluntary registration fees. This is to encourage completion of the Land Register.

A voluntary registration is where the proprietor of unregistered land applies to the Keeper on a voluntary basis for that land to be registered in the Land Register. A voluntary registration is much the same as a first registration, except of course the title is not being transferred to a new proprietor and there is no new deed to be registered. Where no title problems are discovered, the applicant in a voluntary registration will benefit from the Keeper's warranty.

The Keeper’s guidance on voluntary registration contains a checklist of the items required to effect voluntary registration.